riijlipiiiiik: 



liiiitiliii 




r v^'^V %-'o<^^\o^^ V^^> ^-* 
'•^'X /^.o^/\ ^'^'^'X /'yj^'^^''- 
















SAS7 
[12] 5, 

MESSAGE 



V 



FROM THE 



PRESIDENT OF THE UNITED STATES, 



COMMUNICATINO < " J ^- 



IXTORMATIOX OF THE PROCEEDING OF CERTAIN PERSONS*' " 



TOOK POSSESSION OF AMELIA ISLAND AND OF GALVEZTON, 



THE SUMMER OF THE PRESENT YEAR, AND MADE ES- 
TABLISHMENTS THERE. 



■ H 

> ' December I5, 1817. 

Read, and ordered to lie upon the table. 



WASHINGTON; 



PRINTED BY E. DE KRAFFT, 

1817. 



V 






[12] 



To the House of Representatives, 

IN compliance with the resolution of the House of Representa- 
tives, of the 8th of this month, I transmit, for the information of 
the House, a report from the Secretary of State, with the documents 
referred to m it, containing all the information in the possession of 
the executive, which it is proper to disclose, relative to certain per- 
sons who lately took possession of Amelia Island, and Galvezton. 

JAMES MONROE. 

Washington f December 15, 1817. 



[12] 



Department of State, December 13, 1817. 

The Secretary of State, to whom has been referred the resolu- 
tion of the House of Representatives of the 8th instant, requesting 
the President to lay before the House any information he may pos- 
sess, and think proper to communicate, relative to the proceedings of 
certain persons who took possession of Amelia Island, at the mouth 
of St. Mary's river, in the summer of the present year, and made an 
establishment there; and relative to a similar establishment, pre- 
viously made at Galvezton, has the honor to submit to the President 
the accompanying papers, containing the information received at the 
respective Departments of State, the Treasury, and the Navy, upon 
the subjects embraced by the resolution. 

JOHN QUINCY ADAMS. 



[12] 



Tapers communicated -with the report from the Bepartment of State, 
of December 13, 1817, to the Vreaident. 

Extracts of a letter from Natchitoches, Louisiana, to a gentle- 
man in the city of Washington, communicated to the Department of 
State, dated February 4, 1817. 

Extracts of two letters from Robert M Harrison, esquire, con- 
sul at St. Thomas, to the Secretary of State, dated April ;^Oth, and 
May 30th, 1817. 

The Secretary of the Treasury to Secretary of State, dated No- 
vember 21, 1817, communicating 

Extracts of a letter to him from Beverly Chew, esquire, collec- 
tor of the customs, New Orleans, dated August 1, 1817. 

Letter — Same to same, dated August 30, 1817, 

Same to same, dated October 17, 1817. 

Affidavit of Beverly Chew, dated 6th October, 1817, in relation 
Jo libels, before the district court of the United States, for Louisi- 
ana, Vs. Cargoes of Juana, Eliza, Carmelite, and Diana. 

The same, Vs Ninety boxes of sugar. 
* The same. Vs. Sundry goods, &c. &c. part of the schooner 
Mount Vernon's cargo 

Petition of Beverly Chew to judge Hall. 

Additional testimony, in sundry cases, pending in the United 
States' district court, Louisiana, Vs. Sundry vessels and cargoes 
from Galveston. 

Extract of a letter from Mr. M'Intosh to Mr. Crawford, Secre- 
tary ot the Treasury, dated October 30, 1817. 

Extract of a letter from Mr. Clark, collector of the customs, at 
St. Mary's, dated November 1, 1817. 

Extract of a letter from lieutenant commandant B. V. Hoffman, 
to captain Charles Morris, dat d January 18, 1817. 

Extract of a letter from captain Morris to the Secretary of the 
Navy, dated frigate Congress, off the BaliEe, March 4, 1817. 

Captain Daniel T. Patterson, to Secretary Navy, dated New Or- 
leans, August 4, 1817, communicating 

Memorial of merchants of New Orleans, of 28th July, 1817. 

Protest of William B. Cox, late mate of the American brig 
Charles, at New Orleans, 25th July, 1817. 

Protest of captain Louis Dequemenil de Morant, at New Or- 
leans, 28th July, 1817. 



6 [12] 

Same, of Jean Baptiste Revarde, same place and date. 

Deposition of Lanusse, owner of the brig Charles of New Or- 
leans, of Jn. Ble. Revarde, owner of the brig Pomona, and Louis 
Deqnemenil de Morant, owner of the brig Freelove, at New Orleans, 
28th July, 1817. 

Translation of a protest of Casimer Rieto, captain of the Ame- 
rican brig Carlos, against the privateer Congresso, June 30, 1817. 

Extract of a letter from captain Charles Morris, United States' 
frigate Congress, off the Balize, dated June 10, 1817, to the Secreta- 
ry cf the Navy. 

Extract of a letter from lieutenant comman4ant John Porter, 
dated United States' brig Boxer, off the Balize, June 28, lbl7, to Se. 
cretary Navy. 

Extract of a letter from commodore D. T. Patterson to Secre- 
tary of Navy, dated New Orleans, July 28, 1817. 

Extract of a letter from the deputy collector of the port of New 
York, to captain Samuel Evans, dated September 8, 1817. 

Extract of a letter from captain John H. Elkton, to Secretary of 
!Navy, dated September 20, 1817, on board United States' brig Sa- 
fanac, Cumberland Sound. 

Extracts from the same to the same, dated October 10, 1817. 

Extract, same to same, dated October 19, 1817, 

Extract, same to same, Cumberland Island, November 16, 1817, 
communicating 

Copy of a letter from him to Aury, commanding at 

Fernandma, dated United States' brig Saranac, Cumberland Island, 
November 3,1817. 

Same to same, dated brig Saranac, Cumberland Sound, Novem- 
ber 0, 1S17. 

Four letters from Aury, to captain Elkton, dated at 

Ftrnandina, November 4th, 9ih, 11th, and 12th, 1817. 

Extract of a letter from Thomas Waine, esqr. purser on board 
the United States' brig Saranac, dated St. Mary's river, September 
27, 1817, to Benjamin Homans, esqr. ch'.ef clerk, Navy Department. 

A. G. Villeret to captain John H. Elkton, dated Fernandina, 
November 4, 1817. 

A register of the proceedings at Galveston — translation, 15th 
April, 1817. 



[12] 7 

Extract of a letter from Natchitoches, state of Louisiana^ dated Uh Ftb- 
ruaryy 1817, to a gentlefnan at the City of Washington. 

Several gentlemen have lately arrived here from the Republican 
Rendezvous, (Serpent Island) on Galveston Bay, near the mouth ot' 
Trinity river, who generally agree in their statements. They have 
four hundred land troops, commanded by colonel Perry; twelve or 
fifteen sail of vessels; commodore Aury commands the whole. Colo- 
nel Young, late of the 4f9th [should be 29th] regiment, with captaia 
Brush, and several other officers and two hundred and fifty men, 
arrived there about a month and a half ago, with general Mino, and a 
Mr. Stewart, late from England. It is said the general has half a 
million of dollars at his disposition, furnished by a society in Lon- 
don, of which Mr. Stewart is the acting agent. The men are well 
supplied with every thing, and paid monthly; and it is suggested, 
that they will move to the southward early in the spring. They have 
lost by accident, since they have been there, five vessels and consi- 
derable property: they take and bring in prizes frequently. Com- 
modore Aurey is stiled governor, and presides himself in the court 
of admiralty. General Bernardo is here, doing wliat he can, and 
draws on commodore Aurey for money: his bills are paid at sight. 
Some people came lately from St. Antonio, and say there are not 
more than two hundred men at the different posts, this side of River 
Grand, who would join any respectable republican force that may 
arrive there. No people can exist under more misery than is expe- 
rienced at St. Antonio. We hear doctor Robinson is drowned s« 
crossing a river near Vera Cruz. I am afraid it is true: he has lived 
months in my house: I never knew a man possessing more private 
virtues. We hear the Republicans have taken the city ofAltimiro, 
at the mouth of Tompico river, and an escort of mules loaded with 
silver. 



Extracts of letters from Robert M. Harrison, Esq. Consid of the Unit- 
ed States j at the Island of St, Thomas, to the Secretary of state, 

St. Thomas, 20th April, 1817, 

'* The increasing number of American seamen, whose ill success 
in the privateers, and pirates that infest those seas, induces them to 
relinquish those unprofitable pursuits, whenever an opportunity of- 
fers, and who almost universally swarm to this island to claim mv 
protection and support, so that they daily almost surround my door, 
renders it again my duty to request instructions from the Depart-' 
ment of State. I have not yet extended to such men, any more than 
a partial assistance, though many of them are in the greatest possible 
distress, considering that the expenditure of such large sums of 



8 [12] 

money, might be considered as advancing beyond the bounds of mj 
duty. It is niuch to be regretted that the disappointment sus- 
tained by so great a number of our seamen, should not be sufficient to 
deter others from embarking in such enterpnzes." 



St, Thomas, 50th May, 1817. 

" Numbers of American vessels, originally bound to the Spanish 
main, where their cargoes could have been disposed of to great ad- 
vantage, have been deterred from a prosecution of their voyage, 
from a dread of the piractical cruisers that infest those seas, and have 
been actually obliged to sacrifice their property here, whilst English 
vessels prosecute the trade in perfect safety, merely from the circum- 
stance of there being a few British vessels of war on the West India 
seas. The presence of one of our. smallest armed vessels would 
completely awe those marauders, and enable our merchant vessels to 
prosecute a legal trade in safety. Her presence, (of the Boxer,) in 
this neighborhood would be attended with the most salutary effects.*' 



"Letter from Secrctari/ of Treasiiry to Secretary of State, dated JVb- 
vember 21, 1817, ^c. ^c. ^c, 

Mr. Crawford to Mr. Jidams, 

The Secretary of the Treasury presents his respects to the Se- 
cretary of State, and has the honor of transmitting to him copies of 
the communications which have been received at this department, 
concerning the occupation of Galvezton, and Amelia Island, by 
pesons sailing under the various flags of the independent govern- 
ments of North and South America, late Spanish provinces. 

2ls« JS'ovember 1817. 



Extracts of a letter from Beverly Chew, esquire, collector at JWw Or- 
leans, to Mr. Crawford, dated 

Collector's Office, J^ew Orleans, Aug. 1, 1817. 

" As it Is your wish that every attempt to evade the provisions 
of the existing laws, should be communicated to the department, ac- 
companied by suggestions of the measures necessary to repress the 
evil, I deem it my duty to state, that the most shameful violations of 
the slave act, as well as our revenue laws, continue to be practised, 
with impunity, by a motly mixture of freebooters and smugglers, at 



[12] 9 

Galveston, under the Mexican flag, and being, in reality, little else 
than the re-establishment of the Barrataria band, removed somewhat 
more out of the reach of justice, and unless the officers of the cus- 
toms are provided with more effectual means for the enforcement of 
the laws, the Treasury must suffer incalculably. To give you a more 
correct idea of this establishment, it will be necessary to be a little 
prolix, which I beg you will excuse. Galveston is a small island or sand 
bar,siLuate in the bay of St. Bernard, on the coast of Texas, about nine- 
ty miles west of the Sabine, within the jurisdictional limits claimed 
by the United States, in virtue of the cession of Louisiana to them, 
by France. The establishment was recently made there by a com- 
modore Aury, with a few small schooners from Aux Cayes, manned, 
in a great measure, with refugees from Barrataria, and mulattoes. 
This establishment was reinforced by a few more men from different 
points of the coast of Louisiana, the most efficient part of them hemg 
principally mariners, (Frenchmen or Italians,) who have been hang- 
ing loose upon society in and about New Orleans, in greater or smal- 
ler numbers, ever since the breaking up the establishment at Barra- 
taria. Colonel Perry commanded one party, of about eighty or ninety 
men, of this new community, who had been enlisted principally as sol- 
diers, \«ithin our jurisdicticni; and Mr. Hcrarra, coming with a few 
followers from New Orleans, brought up the rear, and then announc- 
ed the establishment to the world, by a proclamation, attested by a 
Frenchman, by the name of Morin, very recently a bankrupt auction- 
eer, in New Orleans, as secretary of state. PVom this new station, 
fed and drawing all its resources from New Orleans, and keeping up 
a regular intelligence, through a variety of channels, with their 
friends here, an active system of plunder was commenced on the 
high seas, chiefly of Spanish property, but often without much con- 
cern as to the national character, particularly when money was ia 
question. The captures made by their numerous cruisers, (many 
owned by citizens of the United States,) were condemned by a pre- 
tended court of admiralty there, as prizes, and the cargoes introduc- 
ed into this state, principally in a clandestine manner. The vessels, 
thus condemed, have generally come here under new names, and 
with the Mexican flag. Some of them have been detained by the 
United States' naval force, for hovering in our waters, and others 
have been libelled for restitution, by the Spanish consul, in behalf of 
the original owners, and though several trials have come on before 
the honorable the United States' district court for the district of 
Louisiana, and the claimants have never been able to produce proof 
of the government of Galveston having ever been authorized by the 
Mexican republic; and restitution has been decreed in several instan- 
ces. There is no evidence of the establishment having been made 
or sanctioned by, or connected with, a Mexican republic, if one b^ 
now existing, and the presumption of such an actual establishment, 
under such authority, is strongly repelled, by the illegal and piratical 
character of the establishAient, and its ambulatory nature, it is not 
2 



10 [12] 

only of very recent origin, but is clothed with no character of perma- 
nancy; for, it was abandoned about the 5th of April, and tranferred to 
Matagorda, leaving, at Galveston, only an advise boat, to advertise 
such privateers and prizes which might arrive there, of the spot on 
which they had fixed their new residence. Some days after the 
abandonment of Galveston, several privateers arrived there, and 
among the rest, the General Artigas, commanded by one G. Champ- 
lin, of New York, with two schooners, her prizes, the Patronila, 
with one hundred and seventy-four slaves, and the Enrequita, with 
one hundred and thirteen slaves; and also, a Spanish and Portuguese 
vessfl, and the American schooner iilvening Post, of New York, Cal- 
vin Williams master, prizes to the , captain Maurice Nicholas 

Jolly. 

Among the most conspicuous characters who happened to be 
then at Galveston, where many of the notorious offenders against our 
laws, who had so latelv been indulged with a remission of the punish- 
meni, who, so far from gratefully availing themselves of the lenity ot 
the government to return to, or commence an orderly and honest life, 
seem to have regarded its indulgence almost as au encouragement to 
a renewal of their offences. You will readily perceive ( allude to 
the liarratarians, among whom the Lafittes mav be classed foremost, 
and most actively engaged in the Galveston trade, and owners of seve- 
ral cruisers under the Mexican flag. Many of our citizens are equal- 
ly guilty, and are universally known to be owners of the same kind ot 
vessels. A number of these characters being at Galveston after the 
abandonment, readily saw the advantages that would result in the re- 
cstablishment of a government at that place, Its situation, so immedi- 
ately in the vicinity of our settlements, being much preferable to 
Matagorda, their views being entirely confined to introducing their 
captures into this state; accordingly, a meeting was called on the l.=Jth 
April, and it was resolved to re-establish the government, and a true 
copy of their deliberations you have enclosed. 1 can vouch for the 
correctness of the copy, having received it from a person of undoubt- 
ed veracity; and thus, without even the semblance of authority from 
the Mexican repubUc, they immediately proceeded to condemn ves- 
sels and cargoes as good prizes, and to introduce them into this port, 
and among the rest the cargo of the Evening Post. It was some time 
before this was known here, great pains having been taken to keep it 
secret. Since it has been known, I have felt it my duty to report all 
vessels and cargoes which have arrived here from Galveston, to the 
district attorney, who has had them arrested under the Spanish treaty, 
but owing to the unfortunate absence of the judge, no decision can be 
had thei eon. 'I'hese steps of the officers of the porthave irritated the Bar- 
ratai iaii genllemen and their connexions in a high degree, and represen- 
tations filled with falsehoods, will probably be m.ade against them, parti- 
cularly on the score of enmity to the patriotic cause. As well might a 
man be accused of being an enemy to personal liberty who arrests and 
confines a robber as that the officers of the port of New Orleans should 
be accused of being unfriendly to the revolution in the Spanish pro- 



[12] 



11 



vinces because they have attempted to prevent a lawless establishment 
at Galveston from violating the laws. The prizes made by the priva- 
teers under the Mexican fl?g, are to a very large amount of merchan- 
dize, such as jewelry, laces, silks, linen, britanias, muslins, seersuckers, 
calicoes, he. &c. all of which are repacked in small bales, of convent^ 
ent size for tranportation on mules, and the greatest part introduced 
clandestinely. Other articles, such as iron, nails, tallow, leather, glass- 
ware, crockery, cordage, beef, &c. are brought here in their prizes. It 
is stated, and universallv believed, that captain Champlin sold the 
slaves captured in the Patronilla and Enrequita to the Lafittes, Sauvi- 
net, and other speculators in this place, who have or will resell to the 
planters, and the facility offered to smugglers by the innumerable in- 
lets, are too obvious on a view of the map to doubt but they either 
are or will be all introduced into this state, without the possibility of 
the officers of the revenue being able to prevent or punish them; more 
especially as a great portion of the population are disposed to coun- 
tenance them in violating our laws. A few days ago information 
having been given that one of our citizens had gone to the W. with a 
very considerable sum in specie, to purchase slaves for himself and 
two other planters, I determined to make an effort to arrest hitti on 
his return, and immediately purchased a fine boat on account of the 
government, (which had been lately captured by a party I had sent 
on lake Ponchartrain, and condemned for a violation of the slave act) 
which I have sent under the command of an active, enterprising in- 
spector, -with a military guard of twelve men, and am in great hopes 
of his falling in with and capturing the party. I am persuaded you 
will approve of my not writing for instructions, at the risk of seeing 
the laws violated with impunity, and 1 cannot but hops the govern- 
ment will see the necessity of giving instructions to the naval force 
on this station to prevent the re-establishment of Galveston, other- 
wise the bay will no longer be safe for any flag. Since they have been 
denied shelter in Port au Prince, they have no other asylum than Gal- 
veston. On the part of these pirates we have to contend with, we 
behold an extended and organized system of enterprize, of ingenui- 
ty, of indefatigability, and of audacity, favored by a variety of local 
advantages and supported always by force of arms; and unless they 
be met by correspondent species of resistance, the results of the con- 
test are of very simple calculation." 

*' You will, I trust, see the necessity of either granting a certain 
number of revenue cutters, of the description I have mentioned, or 
that the naval force on this station may be enjoined strictly to prevent 
these privateers from hovering in our waters and violating our laws. 
It is a fact yon may rely on, all the cruizes of these privateers com- 
mence and end at this port; they enter in distress, comply with the 
formalities of the law, and if they do not augment their force and 
renew their crews in port, they do it in our waters, and it is not in my 
power to prevent it." 



12 [12] 

Mr. Chewt Collector at vVt w Orleans, to Mr. Orawford. 

Collector'' s Office, Kexv Orleans^ Augunt SOtli, 1817. 

SIR, 

In the communication which I had the honor to make you, un- 
der date first instant, I gave such information respecting the estab- 
lishment at Galveston as I had collected; since then the despositions 
of Messrs. J. Ducoing and V. Garros (ex-judges of admiralty at that 
place, and now here) have been taken, and I herewith transmit you 
copies, which go to substantiate the material fact stated by me, and 
I make no doubt but you will be satisfied oJ the correcmess of the as- 
sertion, that the establishment of Galveston is nothing more or less, 
than one of privateersmcn, without even the shadow of a connex- 
ion with a Mexican republic, if such a republic exists, and as such 
will not, I presume, be countenanced by the government of the Unit- 
ed States. It has been reported to me, and from a source deserving 
credit, that the principal part of the force from Matagorda and Soto 
de la Marina, had returned to Galveston, and that two prizes with 
5,laves have recently arrived, one a schooner with a full cargo, said 
to be 300, (probably exaggerated,) that a contagious fever having 
made its appearance among the slaves, the privateersmcn apprehen- 
sive of its communicating to the other prize, cut the cables, and sent 
the schooner adrift with the unfortunate beings on board!!! The 
other prize a ship, with 400 slaves, was lying there, and they have 
altogether about 650 slaves on hand, all of whom intended to be 
introduced in this state. 

The United States brig Boxer, has sent in two small schooners 
with 30 slaves on board, captured in our waters, and the deputy col- 
lector of the district of Teche, writes me he has seized 1.^, and was 
in pursuit of a larger number. At this moment I have sent two con- 
fidential inspectors to examine three plantations on this river near 
Baton Rouge, information having been given me, that 100 had 
been purchased for the three at Galveston. This activif has occa- 
sioned some alarm, and I am informed (and place complete confi- 
dence in it^ that the privateersmcn and others interested, have resolv- 
ed to remove the slaves to the neighborhood of Sabine, build barracks, 
and keep them there during the winter, or till the purchasers appear, 
and leave the risk of introducing the slaves to the planters, whose 
eagerness to procure them, will induce them to run every hazard. 
They imagine that fixing themselves to the west of the Sabine, they 
will be without the jurisdiction of the United States; but I trust they 
will find their mistake only when the whole party will be seized. 

In addition to the foregoing, I beg leave to refer you to the 
documents lately forwarded by commodore Patterson, to the honora- 
ble Secretary of the Navy, with the memorial of some of the most 
respectable merchants of this place, praying him to furnish convoy to 
protect their vessels, trading with the Spanish ports, from the pira- 
tical cruisers who respect no flag when specie is in question. 



[12] 



13 



I have lately sent an inspector of confidence, to examine La 
Fourche from the Mississippi to the sea, and he reports ii as thickly 
settled for 80 miles from the river; has 8 to ^0 feet water, and 6 feet 
on the bar, at the mouth or entrance in the sea: there is no obstacle 
whatever to craft entering it from the sea, and ascending to the Mis- 
sissippi, and trading freely as high up as they please. I mentioned 
in my last, the necessity of appointing an inspector for that place, if 
you decide not to have revenue cutters on this station. I cannot but 
repeat that I am firmly persuaded the measure is more necessary for 
this, than any other district in the United States. Banholomevr 
Lafonofthis place (who acted as secretary to the meeting of 15th 
April, copy of deliberation forwarded in my last) is mentioned as the 
governor of the new establishment near the Sabine. Lafitte is now 
purchasing a large quantity of provisions, and the firsr cargo will 
soon sail, a copy of the manifest, will soon accompany this or follow. 
These persons and a long list of others, I could add, if necessary, 
have no other profession, occupation, or mode of liveliho k1, than 
privateering and violating our laws, and openly threaten revenge 
against any officer of the revenue that may molest or impede their 
pursuits. They are now preparing a memorial to the department, 
with the double view to misrepresent the conduct of the officers of 
the port, and to obtain permission to introduce their illegally captured 
property, under the false pretext that they (the memorialists) have 
made heavy advances; the truth is, the only advances they allude to, 
is the equipment and fitting out privateers contrary to our laws. 
The exports from this place to Galveston and Matagorda, have con- 
sisted principally of provisions; a cargo of arms was sent sometime 
in the fall of last year, which has long since been given up as lost, 
and no return whatever can ever be expected from the Mexican go- 
vernment, from all present appearances. The imports (without tak- 
ing into consideration the large amount of goods introduced clandes- 
tinely) has been very ?large as you will observe by the enclosed 
abstract of duties secured at this office on these importations. 

I have felt it my duty to give you this information for your cor- 
rect understanding the nature of the establishment at Galveston, and 
cannot but hope you will be pleased to instruct me explicittly how to 
act. My conduct has been governed by a sense of duty, and from a 
conviction of its propriety; if I have erred, I hope it will be ascribed 
to an honest zeal. 

lam, &c. Sec. 

(Signed) BEV. CHEW. 

P. S. The brig with provisions and lumber for the winter quar- 
ters of the slaves, attempted to clear to-day; but, owing to the infor- 
mality of her papers, it is postponed till Monday. I enclose a list of 
private armed Mexican and Venezuelan vessels now in port. 



U . [12] 

List of Mt'xkan armed vessels^ now hi the port of JS'ew Ur leans, 
commissioned by Aury. 

Bi'lona 
Call bra 
Diana 











Commission, 


Dewatre 


6 guns 




55 men 


i March, 1817, 


Dcverge 


1 




30 


4 April 


iiiequcte 


6 




40 


9 ]May 


(loitz 


2 




18 


24 IS ov. 1816. 


J aret 


7 tons 


17 


muskets 


23 June, 1817. 


Dewatre 


5 guns 


60 


men 


5 July 



Victory 

The folloxuing commissioned by general Bolivar^ (Venezuela:) 

Gen. Arismanda Beleriche 5 guns 114 men 8 May, 1816. 

(luerera Rustique 3 20 August 

Hidalgo Sanvenct 1 50 men 24 Jan. 1817. 

Josefina Quere 1 19 May, 1816. 

Eugenia Lemeson 3 60 men, just sailed on a cruize. 



Mr. Chew to Mr, Crawford, 

Collector\s Office^ w^'cw Orleans, 

October 17, 1817. 
SIU, 

My communications of the first and thirtieth of August last, re- 
lative to the establishment at Galveston, and the numerous cruisers 
under the Mexican flag, that infest our waters, will, I trust, have 
reached your hands. I deem it my duty to trouble you once more 
upon the same subject, and to enclose copies of additional testimony 
of Mr. John Ducoing, late judge of admiralty, and of Mr. Kaymond 
Espagnol, late secretary of state, which will, I trust, satisfactorily 
prove my assurances of the piratical nature of the establishment, and 
justify, in your opinion, the officers of this port, in the steps taken by 
them to put an end to it; for such, it appears, has been the effect of 
the measures adopted here. Late advices from that place state, that 
Aury and Champlin, with their privateers and prizes, said to be thir- 
teen sail, evacuated the place, and it is believed they have steered 
their course for Amelia Island. Before their departure, they dispos- 
ed of about three hundred Africans, to the agents of some planters 
on this river; the remainder they have takea with them. The de- 
pvity collector of the district of Teche, writes me, a large gang of Af- 
ricans passed near the church of Attacapas, on the night of the 14th' 
ultimo, bound for the Mississippi. He heard of it too late to seize 
them. I have sent a confidential agent to watch the plantations of 



[12] 



15 



Joseph Eiwin, James Still, and Christopher Adams, it being report- 
ed that the latter had been to Galveston, to purchase slaves for him- 
self and the others. I received, a few da\s ago, a letter from the 
person called commodore Aury, dated at sea, 31st July last, on board 
the privateer Mexican Congress, (late Calypso, of Baltimore,) en- 
closing a duplicate of a letter, which it appears he had thought pro- 
per to write to me on the 2Jith of the same month, (the- original of 
which has never come to hand.) In this letter he gives me a kind of 
official information, that it has been determined to abandon Galves- 
ton, and that he had taken with him the judge of the admiralty, the 
collector, and all his other constituted authorities, and that, whatever 
may be done at the place, after that date, will be without his appro- 
bation or consent, and any clearances, or other official acts, at that 
place, illegal. I have no doubt, however, but that a new establish- 
ment will be soon made there. The advantages are too great to be 
voluntarily abandoned by persons who have so long enjoyed the 
profits. Early in September, two vessels, the Carmelite, belonging 
to B. Lafon, and the Franklin, belonging to J. B. Laforte, (both un- 
registered vessels, formerly prizes,) cleared at this office for Laguna, 
but really bound to Galveston, with provisions, and materials for 
erecting buildings. On their arrival they found \he place deserted, 
and the Franklin has returned to this port with her outward cargo. 
By her, accounts have been received that the Carmelite was laying 
there, and that Lafitte, (who had been pardoned for the crimes com- 
mitted at Barratari,) and Lafon, had arrived there, with about forty 
other persons, and it is believed intended to form an establishment, 
and wmI!, no doubt, soon replace the judge, and other authorities, car- 
ried off by Aury. Private armed vessels, under the Mexican flag, 
and one or two under that of Venezuela, continued to frequent this 
port, and uniformly report in distress; (one case only excepted;) 
make protest, and obtain a certificate from the wardens of the port, 
that there is necessity to unhide their armament and heave down. 
They have been thus admitted to an entry, free of any charge, other 
than fees to the officers of the customs, under the sixtieth section of 
the collection law. 1'his course seems to have been adopted by my 
predecessor, and has been followed by me, in comj)liance with the 
instructions from the Department, of third July, 1815. These arm- 
ed vessels being admitted, great care has been taken not to permit 
any violation of the acts of 5th June, 179i., and 3d March last, by 
augmenting their force, or enlisting American citizens; but, in defi- 
ance of every vigilance, on the part of the cKficers of the customs, 
they violate the law, not whilst they remain in port, but before they 
leave our waters. Nothing is easier, when the privateer is complete- 
ly repaired and ready for sea, than to send both men and guns, if 
they need them, to Barrataria, or any other convenient place where 
the privateer repairs to, and takes them on board, and sails on a 
cruise, with an augmented force, to commit hostilities against the 
persons and property of a ilation with whom the ITnited States are 
at peace. 



16 [12] 

It is universally reported' and believed, many of these vessels 
(under the Mexican flag, and commissioned by Aury,) are owned by 
persons resident here, and enjoying the privileges of American citi- 
zens. At the end of the cruise the same larce is played over again 
and it may with truth be said, that each cruise commences and ends 
at this port. Attempts have been made to convict them, but as yet 
without success. They easily exculpate themselves. Witnesses, on 
their part, are never difficult to procure, in a place where there are a 
vast number of people with whom the solemnity of an oath has little 
weight. I'his you will believe, when I add, that two witnesses were 
produced in the United States' district court, in the month of May 
last, who swore that Galveston was a considerable and well built 
town, with coffee houses, shops, &c. and that the then constituted 
authorities, (Durieu, Ducoing, Espanol, &c.) had been appointed 
and commissioned by Aury. The testimony of the two latter, as 
well as many other persons now here, will fully refute that falsehood. 

I hope you will be pleased to give me some instructions relative 
to the cruisers, that I may act in a way to meet the views of the exec- 
utive. 

I have the honor to be, &c. 

(Signed; B?:V. CHEW. 

To the hon, William 11. Crawford^ 

Secretary of the Tieasiirij. 



The United States'' district court, Louisiana district* 

The United States in behalf, 5cc. Vs. Cargoes of Juana, Eliza, 
Carmelita, and Diana. 

The same, Vs. Brigs Dina and Juana, schooners Eliza and Car- 
melite. 

I'he same, Vs. Ninety boxes sugar. 

The same, Vs. Sundry goods, &c. part of schooner Mount Ver- 
non's cargo. 

City ofJVew Orleans, to xvit: 

Bevery Chew, collector, one of the officers of the port of New 
Orleans, being duly sworn, deposes and says, that Raymond Espa- 
nol, and John Ducoing, as this deponent is advised and believes, are 
material witnesses on the part of the prosecution, in the above cases, 
and without the benefit of whose testimony the trial on the said be- 
half, cannot safely be proceeded in; that the said witnesses are, as 
this deponent is informed, and believes, about permanently to depart 
the United Statfs, and before, in the common course of proceeding, 



[12] 17 

thes aid causes can be brought to trial; so, that unless a commission 
issue for taking the depositions of the said witnesses, prior to their 
intended departure from the United States, as aforesaid, the prosecu- 
tion he apprehends and believes will be deprived of the evidence of 
the said witnesses, 

BEV. CHEW. 

Signed and sworn to, before me, tliis 6th day of October, 1817. 
(Signed) JOHN NIXON, Justice of the Peace, 

for the fifth section of^ew Orleans, 



To the honorable Bom'inic A. Hall, judge of the district court of the 
United States, in and for the district of Louisiana. 

The petition of Beverly Chew, collector of the district of Mississippi, 
and one of the officers of the port of New Orleans, respectfully 
sheweth: 

The facts set forth in the annexed affidavit, and prays an order 
pursuant thereto, commissioning some judge or justice of the peace 
in th*:; city of New Orleans, to take the depositions of the said wit- 
nesses in the said cause, at such time and place as to your honor 
shall seem meet. 

And as in duty bound, &c. 

(Signed) BEV. CHEW. 



Additional testimony taken in surdry causes depending in the Uriited 
States district court, for the Louisiana district, on behalf of the 
United States, against sundry vessels and cargoes from Galveston. 

John Ducoing being duly sworn, the deponent further says, that 
the establishment at Galveston was composed, as before stated, by 
persons of various nations, and that the sole view and object of the 
persons comprising the said establishment was to capture Spanish ves- 
sels and property, without any idea of aiding the revolution in Mexi- 
co, or that of any other of the Spanish revolted colonies, as far as 
this deponent knows and believes, And the deponent says that during 
the tinje he exercised the functions of judge at Galveston, he had no 
knowledge or belief in the existence of a Mexican republic or other 
goverment, independent of the Spanish government. 

The deponent further says, that the government established o» 
the 15th day of April, had no connexion whatever with any other 
government, state, or people. That Galveston stands on a small 
3 



18 [12] 

.island, or rather a small sand bar, a few miles long and broad, and was 
a desart when taken possession of by Aur}', known" by the name of 
Snake island, without a port or harbor, and no buildings except a few 
huts or cabbins, probably three or four, made of boards and sails of 
vessels. 

And further this deponent saith not. 

JOHN DUCOING. 

Sworn and subscribed before me, this 7th day of October, 1817. 
(Signed) II. CLAIBORISE, Clerk. 



Mr. Raymond Espanol being duly sworn, says, that on the 16th 
day of March last, this deponent went from this place to Galveston, 
in the province of Texas, in the brig Dcvorador, lor the purpose of 
disposing of merchandize. Aury was acting as governor. This depo- 
nent accepted of no office or employment under Aury, nor had he any 
acquaintance with him; never took any oath of allegiance to Aury; 
that on the 5th of April last, Aury and Gen. Mina abandoned Galves- 
ton, burned the huts and cabbins there were standing, and left no 
person, authorized bv them or otherwise, to form a government. Af- 
ter their departure, to wit: on the 15th of April 1817, the persons 
then at Galveston consisted of about thirty or forty in number, inclu- 
ding sailors, &c. six of whom assembled on board of the schooner 
Carmelita (belonging to Mr. Bartholomew Lafon, late of New Or- 
leans, and engineer in the service of the United States) to w"': Du- 
rier, John Ducoing, Fereneau, said 15. Lafon, liousselin, and this de- 
ponent, who formed the new government. 'J'he proceedings were 
drawn up and signed by those present, by which certain persons afore- 
said took upon themselves offices, namely: 

Durier, Governor, 

John Ducoing, Judge of Jinmiralty. 

'i'his deponent, ^"oary Public and Secretary, 

I'ereneau, Major du Place, 

Rousselin, Collecior. 

At the meeting on the 15th April, there was no paper or docu- 
ment produced, authorizing the same, or giving them power to form 
a government. 

'Jhc deponent further says, that the sole object and view of the 
persons comprising the establishment at Galveston was, as far as he 
knows and believes, to capture Spanish property under what they call- 
ed the Mexican flag, but without an idea of aiding the revolution in- 
Mexico, or that of any of the Spanish revolted colonies; and further, 
that during the time that this deponent acted as notary public and se- 



[12] 



19 



crctary to the new government at Galveston, he had no knowledge or 
belief in the existence of a Mexican republic, or any government in 
Mexico, independent of the Spanish authorities; further, the depo- 
nent says, that the new government established at Galveston on the 
15th of April 1817, had no connexion whatever with any other nation, 
state or people. 

That Galveston stands on a small sand bar, a few miles long, 
and broad, and was a desert when taken possession of by Aury — - 
known by the name of Snake island; without a port or harbor, and 
no buildings exceptthree or four cabbins built of boards and sails of 
vessels. 

Further, this deponent says, that some time in the month of 
May last, when some of the merchandise and vessels from Galves- 
ton, were libelled by the Sapanish consent in behalf of the Spanish 
owners, application was made to this deponent to appear before the 
honorable judge Hall, and to prove that the authority appointed by 
the meeting at Galveston, on the 5th of April last, were appointed 
and commissioned by Aury. This application was explicitly stated 
to be on behalf of those interested in the Galveston establishment, 
particularly of Mr. Bartholomew Lafon and Mr. J. Bte. Laporte, 
the former of whom, it was known, to be indebted to this deponent 
in a sum of ten or twelve hundred dollars; this deponent refused in- 
forming the person by whom the application had been made; that if 
the deponent appeared he would tell the truth, and should prove that 
the.persons forming the government at Galveston (after 15th April,) 
were not named by Aury. lliis deponent was not summoned as a 
witness, though it was known he was in the city, and has continued 
since to reside here. The deponent says that this is the true reason 
why he was not summoned to appear before the judge at the time 
when Messrs. Rienx and Pereneau appeared. 

RICHARD ESPANOL. 

* 

Sworn and subscribed before me, this 7th day of October, 1817. 
(Signed) R. CLAIBORNE, Clerk- 



(Extract.) Mr. Mcintosh to Mr. Crawford. 

The Refuge, near Jefferson, 

Camden County, 2>Qth October, 1S17. 

" DEAR SIR, 

The last letter I had the honor to address you, was on the 9th. 
of August; shortly after which the public papers announced that you 
had left Washington on a visit to Georgia. A few weeks alter, I 
thought it not imprudent to venture out to my swamp plantation on the 
Sotillo, and since, have been very little at St. Mary's. Since Gene« 
ral M'Gregor, and the greater part of his officers, (some of whom 



520 [12] 

were men of respectable standing in the United States) have left 
Amelia Island, there has not been so much ingenuity -nade v,st of in 
misrepresenting the conduct and intentions of the invaders of East 
Florida; and the accounts which are published of them, are, ior the 
most part, generally correct. The present chief, commodore Aury, 
got the command very much against the inclinations of sherfi Hub- 
bert, and colonel Irwin, W'hen he arrived at Fernandina, with his 
squadron of jjrivateers and prizes, they were entirely without mo- 
ney. He declared, •' that if he gave them any aid, it must be on 
the condition of being made commander in chief; and that as Gene- 
ral M'Gregor never had any commission whatever the flag of the 
Florida republic must be struck, and that of the Mexican hoisted, 
and that Fernandina should be considered as a conquest of the Mex- 
ican republic, (under which he was commissioned,) without its being 
necessary that any other part of the province ot East Florida should 
be conquered." Hubbert and Irwin reluctantly agreed to the morti- 
fying condition of resigning the command. They were never 
friendly with the commodore, and endeavored, but in vain, to gain 
ovtir by intrigue, a part of his men. Their own party considerably 
increasing shortly after, they were several times on the point of 
coming to open war with Aury, and his followers; and under the 
prertt-nce that Aury's force were composed chiefly of brigand ne- 
grct s. A few days before Mr. Hubbert's death, (who was called 
gcvtrnor without having any power,) Aury marched to his quarters 
with a body of armed men, and obliged him to make such conces- 
sions as drove him to an act of intemperance, which soon after ter- 
minated his existence. 

Since the death of this gentleman there has been little or no 
disturbance among them. But it would appear as if the suspicions 
of the Frenchman, did not die with Hubbert, as none of his priva- 
teers have yet left Fernandina. 

'J'he parties are designated as the American and French, and I 
have been assured by individuals belonging to them both, that each 
are anxiously looking for reinforcements. Aury has a number of 
Frenchmen, who were, it is said, oflicers of Bonaparte. They find 
it their interest as well as inclination to support their countryman. 

His gre.-^t dependence however, is, on about one hundred and 
thirty brigand negroes — a set of desperate bloody dogs. 

The American party which are rather more numerous than the 
other, consist generally of American, English and Irish sailors; but 
now have no declared leader. Irwin wants either spirit or popula- 
rity to assume that character. For my own part, I believe that in 
point of morals, patriotism and intentions, they are exactly on a par, 
Aury's blacks, however, make their neighborhood extremely dan- 
gerous, to a population hke ours; and I fear that if they are not ex- 
pelled Irom that place, some unhappy consequences may fall on our 
country. It is said, that they have declared that if they are in dan- 
ger of being overpowered, they will call to their aid every negro 



[la] 



21 



within their reach. Indeed I am told that the language of the slaves 
in Florida is already such as is extremely alarming. 

The PATRIOTS at Fernandina, had about ten days ago an unex- 
pected and strange reinforcement. Twenty half pay British officers, 
by the way of Turk's island, arrived at St. John's river, and mistak- 
ing it for Amelia, a colonel and a couple of others were made priso- 
ners by the Spaniards. The others got safe to Fernandina; but 
finding that general Sir Gregor M'Gregor had abandoned it, they 
determined immediately on doing so too." 



Extracts of a letter from Mr. Clark, Collector of St, Marifs to Mr. 

Cr art ford. 

Collector's O^ice, St. Marifs, Georgia, 

1st fN'Qvember, 1817. 

Honorable Wm. H. Craxvford, 

SIR, 

I hasten to communicate the following information by letter, 
received from a gentleman residing on St, John's river, East Florida. 
I^he subject in its bearings, presents considerations of the first im- 
portance, as to our political relations with Spain. 

The following is extracted from the same: 

*' Fablo river, St. Johri^s, October 1'i4h, 1817. 

About sunset a yawl boat arrived at the landing, when seven 
persons came from her, who requested shelter for the night, and 
some refreshment, stating that they were half-pay British officers of 
the army and navy, from the island of St. Thomas, on their way to 
England, via the United States: that they had mistaken this bar for 
St. Mary's; that they left the schooner in the offing under that im- 
pression, and intended to send her a pilot by the return of the boat. 
After staying all night, they embarked at day light, having procured 
a negro pilot to conduct them inland, to Fernandina, 

Colonel M'Donald in thanking me for the hospitality he had re- 
ceived, said he felt bound as a gentleman to be candid, and accord- 
ingly informed me, that they had lately arrived from London at St. 
Thomas, in the ship Two JFriends, with a great number of officers, 
and munitions of war in abundance; that he had with him 30 officers 
on board the schooner; that he would command in this quarter; that 
they would htjve men sufficient, and a profusion of every thing neces- 
sary for active operations. That they wanted a war with Spain, and 
that he had power to draw on England for 100,000 pounds sterling: 
that they would have a fine train of artillery; and that all these sup- 
plies were actually on their way or shipping; that a number of gun 
brigs and sloops would leave England, reported for the Eart Indies; 



22 * [12] 

but were bound directly here, and to South America. That they 
were mut! disappointed at St. Thomas, on hearing M'Gregor had 
left Amt- iia island; and that the capture of Amelia was known prior 
to tbeir leavuig England."* 

These officers have a soldier-like and genteel appearance, and 
all hiive their commissions; they said " their object in leaving the 
schooner was to reconnoitre." 

The;^ have all since arrived at Fernandina. 

I have the honor to remain, &c. 
(Signed,) ARCHD. CLARK. 



Extract of a letter from Lieutenant Commandant B. V. UoffmaUy 
to captain Charles Morris^ transjnitted ky the latter to the Honora- 
ble B. W. Crownin^hicldy Secretary of the JVavy, dated, 

January 18//i, 1817. 
" I spoke during my cruise with several American and English 
vessels, and the private armed Mexican schooner Eugene, the latter 
I seized on the 17th instant about four miles from the bar, in the 
name of the United States, lor having no papers and a number of 
blacks on board, said to be slaves. I have sent her to New Orleans 
under charge of sailing master Mott." 



F.xtract of a letter from captain Charles Morris^ to the Secretary of 

JS^uvy, daled^ 

United States' Frigate CongresSy ojf the Balise^ 

March likihy ISir. 

" From the best information I could obtain, a general belief 
appears to exist that the patriots under General Mina, had intend- 
ed, and perhaps still meditate, an attack upon Pensacola, and that 
he proposes to collect a portion of his troops within our territory, 
a part on the waters of the Alabama, and a part on the islands west 
of Mobile, Irom which islands to embark on board vessels under his 
direction. These movements are said to have been delayed from 
the want of funds and the present extreme scarcity ot provisions ia 
New Orleans. It is also reported that one of the inducements, 
which general Mina holds out for persons to join in his enterprises, 

* Capt. Thomas was at St. Mary's with Cockbum, and lieutenant of the ship that 
fired on gunboat 108, after the peace 



[12] 



23 



is an assurance that the government of the United States is acquaint- 
ed with and not averse to his intended movements. 

Although I cannot myself believe that general Mina will risk 
his limited means, and expose his force to immediate dispersion by 
wantonly violating the neutrality of the United States, yet I con- 
ceive it my duty to neglect no proper means of preventing the exe- 
cution of any act which may, in any degree, compromit the honor, 
interest, or neutrality, of the United States; and so soon as I shall 
procure the provisions and water of which we are at present in want, 
I shall return to the vicinity of Ship Island, ready to act as circum- 
stances may require." 



Daniel T. Patterson to the Secretary oflheKavy^ dated 

JV^w Orleans, August i>th, 1817, 
SIR, 

Enclosed herewith I do myself the honor to transmit a copy of 
a memorial, addressed to me by a highly respectable body of mer- 
chants of this place, engaged in commerce with the royal Spanish 
ports on the Maine and island of Cuba, together with the protests of 
the masters of three vessels, robbed by cruisers under the flags of the 
Independent Provinces, and reported in my letter of the 2Sih ult. and 
upon which the memorial is predicated. The robberies thus set forth 
are so flagi"ant and outrageous, and the protection therein solicited so 
necessary and just, for the preservation of a valuable and highly lu- 
crative commerce, that under the orders to captain Morris, from the 
department, under date of the 19th October last, to " protect the 
commerce of the United States in the Gulf of Mexico, against the 
violence and depredations of pirates, and against any exercise of force, 
by armed vessels of whatever nation or country, not authorized by the 
belligerent right of search, or laws of blockade as asserted by the 
United States," I deem it my duty to afford the convoy requested, 
having satisfactory proof of the vessels and property being bona fide 
Americari, ani not being of contraband of war. The vessels convoy- 
ing will not be permitted to enter the ports, or to receive on board any 
article 0$ merchandise, in which will be comprehended specie and 
bullion. The convoy will simply be seen safe into port, and the ves- 
sel convoying will return to her station on our own coast, bringing 
with her any American vessels that may be ready and bound to this 
port. 

In thus affording convov to American vessels engaged in a iair 
and legal commerce, 1 trust I am carrying into eifect the orders pf the 



24 [12] 

department in their true spirit and meaning, and that the course I pur- 
sue^will meet your approbation. 

1 have the honour to be, 

With great respect, 

Your obedient servant, 
(Signed) DANIEL T. PATTERSON. 

The Hon. B. JF. Crowninshield^ 

Stcretary of the JN'oui/, Washington. 



^Metnorial of rnerchaJits of A'*exv Orleans^ to covimodore Fatterson, of 
the 28th of July, 1817. 

'I'o Captain Daniel T. Patterson, commodore 
of the United States' naval iorces on the 
New Orleans station. 

The memorial of the subscribers, merchants of the city of New Or- 
leans, citizens of the United States, respectfully sets forth: 

That your memorialists have extensive dealings with the mer- 
chants of La Vera Cruz, Campeachy, and other places in the Gulf of 
Mexico, and usually receive from thence gold and silver, as returns 
for their adventures, and remittances from their correspondents and 
debtors there. 

That since some part of the Spanish colonies have risen in arms 
against the ro>al authorities, vessels carrying the flags of the several 
new rejHiblics of Buenos Ayres, Venezuela, and Mexico, pretending 
to have comn»issions from the constituted authorities there, to cruise 
against their enemies, but manned with renegado crews of all nations, 
have lately commenced the plundering the vessels of your memori- 
alists, sailing under the flag of the United States, on lawful voyages, 
and rob them of whatever specie they find on board. The brigs Po- 
mona and Freelove, owned by citizens of the United States, resident 
in this citv, have been robbed in this manner; and the brig Charles, 
also of, and owned in this city, by an American citizen, has been de- 
prived of her papers on the high seas, and thereby exposed to be 
made lawful prize of by any cruiser, when she was fortunately board- 
ed by the United States' schooner Firebrand, commanded by lieuten- 
ant Cunningham, who convoyed her to Vera Cruz, her destined port. 
Proofs of all these nefarious acts are hereunto annexed. 

That your memorialists, under these circumstances, impeded in 
their lawful commerce by marauders and pirates, are prevented from 
sending their vessels to sea, as they cannot insure them under pre- 
miums which would be ruinous, and labor under the intolerable dis- 
appointment of not receiving the expected returns for their property, 
now in the Spanish dominions, and ready to be shipped to them if it 
could be done with safety. 



[12] 



S2S 



That the commerce carried on by your memorialists, with 
the Spanish colonies, is extremely advantageous to the United States, 
inasmuch as it exchanges the productions of this country, and 
other merchandise, for the precious metals; but their value has now 
so excited the cupidity of the freebooters of the Gulf, secure, as they 
believe, from resistance and from punishment, that all this valuable 
commerce will cease unless the merchant vessels be protected; and 
that protection is now solicited from you. 

Tour memorialists, therefore, respectfully intreat that you will 
give orders to the armed vessels of the United States imder your 
command, to give convoy to the vessels of your memorialists, to and 
from the Spanish ports in the Gulf of Mexico, on such conditions and 
under such regulations as you may think fit, and the least inconvenient 
to yourself and the public service, 

(Signed) 

T. 8f D. Urqu/tart, Pedro Dalhoste y Claveria, 

Richard Reify VtJicente J^olte ^ Co. 

Btnjmnm Story ^ Dutillet £s? Sagoryy 

J. JLongpre, Jno. Bte. Labattut, 

Amory^ Callendery £s? Co, Simon Crecul/yt 

L. D. de Morant, L. Millaudon^ 

Tallcot £if Bowers^ G. Dusser^ 

S. JV. Stackhouse, Williatn Kenner £s? Co, 

R. L. Rochelle ^ Shiff'^ Debuys ^ Longer ^ 

David Olivier^ J Brandeger, 

Isaac L J\I*Coy, Harrod i^ Ogden^ 

Wni. Wyer, James Johnson, 

M. For tier £if Fi/y, J. Tricon £if FilSy 

Cavalier £sf Fils^ Dge. Rouqueite^ 

Paul Lanusse, John Gamier* 

J^Tew OrleariSy 2Sth July, 1817. 



Pretest of Williatn B. Cox, late mate of the Jlmerica brig Charles^ at 
J^exv Orleans 25th July, 1817. 

By this public instrument of protest, be it known, that, this day, 
before me, John Lynd, notary public, in and for this city of New Or- 
leans, duly commissioned, personally appeared "William B. Cox, late 
mate of the American brig called the Charles, Casimere Priato, mas- 
ter, who, having been first duly sworn to declart- the truth, declared 
thatthey sailed from New Orleans, on board of the aforesaid brig, about 
the twenty-eighth day of May last, bound to Vera Cruz. On the 
18th day of June last, off Point del Gado, the Charles was brought 
too, by an armed vessel, which proved to be the Mexican Congress, 
captain Sebastian Boquiere, who ordered a boat on board with the 
brig's papers. Captain Priato being unwell, ordered me to go on 
board with the papers. On going on board, captain Boguiere ex- 
4 



n [12] 

amlned the papers, and informed me that he would send the brig 
into some Mexican port. At this moment a sail was discovered to 
the windward, and reported; the captain went on deck and ordered 
my l)oat to shove off, giving me the papers of my vessel. AVhile go- 
ing forward to get into mj" boat, I was ordered back by captu:iii Bo- 
guiere, and to remain contented, until he should think proper u. lis- 
charge me. All sail was immediately made in chase of the bail to 
the windward, and in four hours we lost sight of the brig Charles, 
she bearing southwest by soutii. The Mexicaa Cijri.f;ri : - c .niinued 
the chase until the evening, when the strange sail was lost sight of in 
a squall. The Mexican Congress continued tociuizc afterward:., four 
orfive days, during which time, captain Eoguicre seemed entnely in- 
different about falling in with my vessel, although I spoke to him 
repetedly on the subject. lie afterwards steerecl away northwardly 
for JMatagorda, where we arrived on the second day of July. On 
the third, captain Boguiere sent me on shore with a letter to gover- 
nor Aury, requesting him to procure me a passage to New Orleans. 
Governor Aury ordered me on board the privateer Victory, captain 
D. AVata', that being the first vessel about to sail for New Orleans. 
Catain D. W'ata repeatedly told me that he had express orders not 
to discharge me from his vessel, until he was about to leave New 
Orleans. We arrived at the Balize the 18ih day of July. I imme- 
diately wrote to captain Cunningham, of the United States' schooner 
Firebrand, but received no answer. I then wrote to captain Porter, 
of the United States' brig Boxer, lying off the Bailze, who sent his 
boat on board for me, and took me on board his brig, overhauled my 
papois, and sent me on shore. I then got a passage and came to New 
Orleans, where I arrived this twenty-fikh day of July, one thousand 
eight hundred and seventeen. 

Whereupon this appearer declared to protest, and by these pre- 
sents does thus publicly and solemnly protest, against the said vessel 
called the Mexican Congress, her officers and crew, for all damages 
sustained, or to be sustained, by the said brig Charles, and her 
cargo, and for all other damage of whatever kind, in consequence 
of the acts heretofore detailed; and that the same ought not in 
any manner to be attributed to any fault, negligence, or mismanage- 
ment, on the part of this appearer, or any other of the said brig 
Charles' crew. Thus done and protested at New Orleans, this 
twenty-filth day of July, one thousand eight hundred and seventeen, 
in presence of Isaac T. Preston, and Kdward Gorman, witnesses, 
who hereunto sign their names, with the party, and me, notary; W. 
B. Cox, T. Isaac Preston, Edward Gorman John Lynd, notary public. 

I certify the foregoing to be a true cc)py of the original act, ex» 

tant in my current register; in faith whereof I grant these 

[l. 5.] presents, under my signature, and the impress ol my seal 

of office, at New Orleans, this twenty-fifth day of July, one 

thousand eight hundred and seventeen. 

JOHN LYND, Nt. Pub. 



[12] 



27 



Protest of captain Louis Bequemenil de Morant, at J^erv Orleans, 29ih 

July, 1817. 

United States of America, 

state of Louisiana, City of JN'Vw Orleans. 

By this public act of protest, be it known, that, on the 30th day 
of Ju'^e last, before me, Carlile Pollock, esquire, notary public in and 
fortius City, duly commissioned, came captain Louis Dequemenilde 
Morant, master of the brigFreelove, of New Orleans, who declared 
that he had sailed in and with said brig for Campeachy, bound to this 
port, on the 7th of June last, and had'suffered loss by piracy and rob- 
bery on the high seas, particulars of which he would detail at more 
leisure. 

And this day again appeared the said master, with John Baptiit 
Tozo, seaman, and Charles F. Escoffie, passenger, said vessel, who, 
having been duly sworn to declare the truth, deposed, that when they 
sailed as aforesaid, said brig was tight and strong, well manned 
and provided. Ac noon on the 8th, they observed in lat. 21° 12', and 
at 2 P ril, a sail appeared making for them. At 3 P. M. they disco- 
vered the sail to be a privateer, shewing the Buenos Ayres flag. The 
brig hoisted hers, and at 4 SO hove too on the privateers firing a guti. 
At five .they were boarded by the privateer, and after the usual ques- 
tions, the person who appeared to command, examined the brig's pa- 
pers, and not finding a register among ihem threatened to carry her 
to Matagorda. These appearers represented that there was abundant 
proof of the vessel and cargo being American properly, and no just 
ground for detainig her, or interrupting the lawful commerce she was 
then carrying on; to which the boarders replied they shotild do as 
they thought fit. At C, the person who commanded the party, sent 
two of the brig's people on board of his privateer, but remained with 
eight of his own on board the brig. One of the persons so sent to 
the privateer, was John Smith, the boatswain, who gave information 
to the mate of the privateer, that one of the passengers on board the 
brig, Jose Domingo Rascon, had eleven or twelve hundred dollars 
in specie, with him. At the break of day, next morning, the mate of 
the privateer came on board the brig, and informed his captain, what 
he had heard; the latter then told these appearers that he knew said 
passenger had money, that he was a Spaniard, and he would tak^ it 
from him. It was in vain urged that though a Spaniard, he was un- 
der the protection of the American flag, and ought to be free of all 
ill treatment and violence. They answered they would take his mo- 
ney; and did accordingly rob him, the said Jose Domingo Rascon, 
by taking from his person, a girdle containing fifty doubloons, and car- 
ried off his two trunks, his bed, fifty five dollars in silver, and every 
thing else belonging to him, using the njost frightful threats to induce 
him to discover other property. Finding they could get nothing more 
from him, they ransacked the brig's cabin, and took one huudred and 



28 [12] 

thirteen dollars, which Francis Cuesta, a citizen of the United States, 
and one of the crew, had hid in a barrel of beans; and to all rcmon- 
strances the plunderers only answered they would do as they thought 
fit. They then prepared to leave the vessel, but their captain de- 
manded some shoes, fowls, and turkeys, for which he gave ip ex- 
change a small bale of cinnamon, some anniseite, gin, Sjc. and at 9 
A. M. they quitted the brig to go in pursuit of the brig Pomona, cap- 
tain llivarde, then in sight. The person ^ho appeared to command 
the oirates, called himself John llanville; said the privateer was the 
Mary Ann, and was cleared out at Galveztown, by ^Ir. Aury, there, 
on the 12th May last, as appercd by a commission he exhibited. His 
role d'equipage shewed sixteen men, but he had only thirteen with 
him. These appearers thereupon declared to protest, and by these 
presents do pubUcly and solemnly prottst at^ainst the unjustifiable vio- 
lence oft'ered to their vessel, and the plunder of the same, by the said 
privateer, her captain and crew, to which their unarmed state obliged 
them to submit, and for which said plunderers are, and ought to be 
held responsible. Thus done and protested, at New Orleans, this 
ei'>-hth day of July, one thousand eight hundred and seventeen, the 
protesiers hereunto signing their names with me, notarj-. Signed, 
li. D. dc Morant; mark, of John Bapt. T020; Charles F. Escoftie; 
Carlile Pollock, Not. Pub. 

I certify the loregoing to be a true copy of the original act, ex- 
[1. s.] tant in my current register, as witness ny signature and seal 
of office. New Orleans, 29th July, 1817. 

CARLILE POLLOCK, Not. Pub. 



Deposition ofTaul Lnnusse, owner of the brig Charles, of jYeru Orleans^ 
of Jean Baptiste llevarde, owner of the brig Pomona, and Louis 
Doqiicmenil de Morant, owner of the brig Freehve, at A^eiv OrleanSf 
2Sth July, 1817. 

United States of Jirnerica, 

State of Louisiana. 

(l. s.) By this public instrument, be it known. That I, Car- 
lile Pollock, esquire, notary public, in and for the City of New Or- 
leans, by letters patent under the great seal of the state of Louisiana, 
duly commissioned and sworn, and by law invested with full power 
and authority to attest deeds, wills, and other instruments in writing, 
and to administer any oath or oaths, to any person or persons, do 
hereby certify , that this day, before me, came Paul Lanusse, of this city , 
merchant, who, having been sworn, deposed that he is the true and only 
owner of the brig C^iarles, of New Orleans, and is a citizen of these 
United States. 



[12] 



29 



And also appeared Jean Baptiste Revarde, of this City, mariner, 
who, being sworn, deposed that he is the true and only owner of the brig 
Pomona, of New Orleans, and is a citizen of these United States. 

And also appeared Louis Doquemenil de Morant, of this City, 
mariner, who, being sworn, deposed that he is the tru^i and only 
owner of the brig Freelove, of New Orleans, and is a citizen of these 
United Stetes. 

And the said appearers severally deeposed that no citizen nor 
subject of any foreign state or power, is interested in the vessels so 
respectively owned by them, nor in the profits or issues thereof, di- 
rectly or indirectly, by way of trust, or confidence, or otherwise. In 
faith whereof, they hereunto sign their names: John B. Rivarde, L. 
D. de Morant, Paul Lanusse. 

Whereof an attestation being required, I have granted these pre- 
sents under my national firm and seal. 

Done and passed at New Orleans aforesaid, the twenty-eighth 
day of July, in the year of our Lord, one thousand eight 
hundred and seventeen. 

(Signed) CARLILE POLLOCK, Not. Pub. 



Protest of Jean Baptiste Revarde^ at J^cw Orleans^ 28th July^ 1817. 

United States of America^ 

State of Louisiana^ City ofJS'ew Orleans. 

By this public act of protest be it known, that this day, before 
me, Carlile Pollock, notary public in and for this city, came Jean 
Baptiste Revarde, master of the brig Pomona of New Orleans, who, 
having been duly sworn to declare the truth, deposed in the words 
following, to wit : On the seventh day of June last, I sailed from 
Campeachy in and with said brig Pomona under my command, 
bound to this port of New Orleans, said brig being tight and 
strong, well manned and provided. On the 9ih, at 3^ 30' P. 
M. latitude 21° 36" in fourteen fathoms water, saw a small fe- 
lucca making for us with sails and oars; at 5 P. M. she fired 
a gun. I then hoisted the flag of these United States and hove too: 
The felucca had a flag, which I could not distinguish. Soon after 
the felucca fired another gun, on which we bore down for her, the 
wind being light. At nightfall, after having been hailed and made 
answer to their questions, we were boarded by the Felucca, bv 
twelve men, all armed with pistols and sabres, who instantly put the 
crew of my vessel into the forecastle and ordered me and my pas- 
sengers into the cabin, permitting only one person at a time to come 
on deck. I complained to the person who appeared to coa.nxand, 
of the violence offered to me, an American citizen, sailing in an 



30 [12] 

American vessel, and under the flag of the United States. He an- 
swered, he wished to ascertain such property on board as was Spa- 
nish, and would not meddle with any property of citizens of the 
United States; adding that the felucca was a Mexican privateer, 
cleared out from Matagorda by commodore Aury. We were kept 
in confinement all night, the vessel hove too. In the morning after 
the 10th, the felucca was not insight, upon which the officer com- 
manding ihe party gave up the command of the vessel to me, sajing 
if they should not meet their own, they would pay me their passage 
to ]\ew Orleans. But to their great joy the privateer hove in 
sight at 6° 30" A. M. I remained in the conimand of my vessel 
until the felucca came alongside, about 8, A. M. when my crew 
were again confined in the forecastle. The captain of the fe- 
lucca then ordered me to give him a correct manifest of every thing 
on board, belonging to citizens of the United States, saying every 
thing else would be taken; that he was perfectly well informed of 
what 1 had on board, but would not interfere with any American 
property. I therefore exhibited to him the invoice of my outward 
cargo from New Orleans, the accounts of sales made at Campeachy, 
and the invoices of my return cargo, all in regular form. He then 
observed 1 had omitted to declare the specie on board, of which he 
had exact information from a person who had seen it embarked; 
and knew it had been sent on board from the house of Mr. Aubry of 
Campeachy, to whom I had been consigned; and that if I did not 
declare the same he would find it out by throxvhig my cargo ovcr-> 
board: ^yhercupon, unwilling to excite suspicion, and knowing that 
all the carro on board, as well the part under my charge as the ship- 
ments made by others, was lor American account, i exhibited to 
him an exact account (according to the note hereinafter set forth) 
of the money, with the respective bills of lading. He said I had 
other specie on board: which I denied. He used many threats, 
which 1 believed he used merely to intimidate me and make me de- 
clare that I had Spanish property on board; and indeed 1 depended 
that my flag and the property would be respected, especially by 
Americans, though sailing under the ^lexican flag. The officer 
finding he could not make rne confess as he wished, made me go 
down into the cabin, and then caused a strict search ot all the 
trunks, from which he took all the money he found, and even my 
silver fork and spoon, and sent on board the privateer, four trunks 
belonging to four Spanish passengers of mine, without leaving them 
a change of ap[)arel. He then demanded of me to deliver up the 
xnoney which 1 had acknowledged to have on board, and likewise 
that v.hich he well knew 1 had over and above. I represented to him 
that, upon his assurances American property should be respected, I 
had declared to all the specie I had on board, and that I found his 
present demand unjustifiable and violent; to which he answered 
shortly, that his time was precious and he would not lose it; I again 
urged, and was therein joined by my brother, a part owner of cargo, 



[12] 



31 



that our property could not be taken, and that we could prove all the 
owners of the cargo to be American citizens. " No reply," said he. 
" I have no time to spare, and you will lose the whole if you do not 
give up all the money you have onboard." He then ordered his 
party aft, their sabres drawn, and pistols in hand. I was then induc- 
ed, seeing their hostile intentions, to give up the money 1 had ack- 
nowledged, in order to save what I had not confessed to, and show- 
ed them where the former was. The moment it was in their pos- 
session they sent it on board the privateer. As they were preparing 
to search for more, a man at the mast head announced a sail in sight, 
on which the master of the felucca immediately ordered his people 
on board, (and among them was the boatswain of the brig Freelove, 
which left Campeachy the same day we did for New Orleans, who 
was the person that gave information of the money we had taken in) 
and made sail to the westward. During the whole of these transac- 
tions we could not find out the persons' names, nor the name of the 
privateer; but I was assured by several persons of my crew that the 
felucca had been fitted out at New Orleans by one Marcos, an Ita- 
lian, who sailed in March for Matagorda. One person of my crew, 
Gabriel Augier, told me that he knew several of the sailors; that 
they were Americans, and had boarded in the same house with him 
in New Orleans. For my own part, I knew none but the boatswain 
of the freelove. The privateer is a small vessel of two masts and 
two sets of sails, one as a felucca, the other as a schooner, and all 
the persons belonging to her, that we saw, were Americans, or at 
least spoke the English language. The note of the money shewn by 
me was as follows: 

Shipped by J. B. Revarde, for his own account and that of 
others. 

L. M. 3 sacks, containing, each, S 1,000") -. -, -.a^.,! i « 

1 do. do. ^ do. '360 } fo^I^-MdlaudonS 3,360. 

R. 1 sack for account of Mr. Visosa, of New Orleans 510 

2 do. for his own account, each g 1,000 2,000 
1 packet do 680 



3,680 

L. 1 sack for J. B. Lafonta, New Orleans, Pacquetel 

and self ...... . sOO 

Shipped by Achille Rivarde. 

A. R. 1 sack containing - - - JB 1,070 

1 packet - - - - . 725 

4,795 



32 [12] 

Shipped by L. D. De Morant for Laur Millaudon. 

L. M. 1 sack, g 1,000 

1 do. 800 

1,800 

3 doubloons and 5 dollars taken from me - 53 

Taken from Mr. Brunetti, - - p 170 

Taken from - 100 



g 11,268 



And I solemnly declare, that the whole of my cargo, including 
the money on board, was shipped for account and risk of citizens of 
the United States, and that the money so taken, was according to 
the foregoing. And thereupon, the said master declared to protest 
solemnly against the captain and crew of the said Mexican priva- 
teer, for having, by violence and contrary to the peace subsisting 
between the United States and the neighboring governments, treated 
this appearer, his flag, and his vessel, as if they had been an enemy, 
and carried off in a piratical manner the property of persons, all citi- 
zens of the United States. Thus done, and protested, at New Or- 
leans, this third day of July, one thousand eight hundred and seven- 
teen: the declarant and protestor hereunto signing his name with 
me, notary. Signed — J. B. Rivarde. — Carlile Pollock, notary pub- 
lic. 

Be it known, that this day, before me, Carlile Pollock, notary 
public in and for the city of New Orleans, came the persons whose 
names are hereunto subscribed, passengers and crew of the brig Po- 
mona, of New Orleans, who having taken cognizance of the declara- 
tion made by John B. Rivarde, master of said brig, before me, nota- 
ry, on the third day of this current month, deposed, that all and sin- 
gular the facts therein set forth, are true and correct, so far as they 
had an opportunity of knowing them, when not confined. Thus, 
done and deposed, at New Orleans, this eighth day of July, one 
thousand eight hundred and seventeen; these deponents hereunto sign- 
ing their names with me, notary. Signed, Ambrogio Cavassa; Ga- 
briel Augier Tortel; Baron; A. Rivarde; Francis Brunetti; Carlile 
Pollock, notary public. 

I certify the foregoing to be a true copy of the original act, ex- 
tant, in my current register. In faith whereof I grant these 
[l. s.] presents, under my signature and seal of office. New Or- 
leans, 28th July, 1817. 

(Signed) CARLILE POLLOCK, Notary Public. 



[12] 33 

(Translation.) 

Protest of Casimer PrietOy captain of the American brig, Carlott 
against the privateer Congressoy June 50thj±Hl7. 

[Seal. Royal Arms.] 

Don Casimer Prieto, captain, chief pilot and sailing master of 
the American brig, the Carlos, declares; that on the first of June, of 
the present year, he sailed from the Balize of Orleans for this port 
in his aforesaid vessel, and that, on the eighteenth day, being at a 
short distance from the coast, off point Delgada, under reefed 

the Mexican privateer brig, called the " Congresso," 

bore down upon me, and obliged me to send a boat on board, with 
my mate, to whom I delivered my shipping paper, register, mani- 
fest and other papers — he kept the mate, and papers on board, and or- 
dered me into his wake, observing, that all the papers had been visit- 
ed by another privateer which had overhauled me on the iourteenth; 
and while I was standing on, in his wake, my capturer bore away for 
a sail which he saw in the N. N. E: that at six P. M. the weather 
growing foul, and unable to keep way with him, I bore away for the 
harbour, but could not fetch it, on account of the bad weather. In 
this condition, being without my mate, papers, security or assist- 
ance, I was exposed to be made prize of by some one or other. On 
the twenty-first, at half past seven A. M. I fell in with the United 
States' cruiser. Firebrand, lieutenant Conningham, who overhauled 
me, and having made known to him the aforegoing, he delivered me 
a certificate and letter of recommendation for this government, and 
stood on in company with we until we were in sight ot the harbour, 
where I got in at 5, P. M. yesterday, the twenty second, the gale 
having continued since the eighteenth and forced me to lay to, in 
the mean time, whereas I could have made my port much sooner, 
had I not been detained by the privateer. 

Wherefore, I do hereby, in the most ample form protest,once, twice, 
thrice, and as often as of right I may, against the aforesaid Mexican 
privateer " Congresso" and the captain thereof; against his violencs, 
in carrying off the documents necessary to my free navigation with 
my mate, and against the delay and detention which he has hereby 
caused me, to the end that I may not be responsible for the deficien- 
cies that may result to vessel and cargo, and that this protest may 
serve as a declaration and satisfaction in judgment and thereout, to 
answer all the purposes, uses, and intents which may be required in 
the premises. In testimony whereof, I have consented to and exe- 
cuted the above, at new Vera Cruz, at ten o'clock in the morning 
of the twenty-third day of June, one thousand eight hundred and 
seventeen. And I, notary public, whose signature is hereunto sub- 
5 



34 [12] 

scribed, certify and authenticate the above declaration made in pre- 
sence of Don Francisco Damaso Morales, Don Jose Antonio Rivas 
Ramihez, and Don Jose Ignacio Ximenez. 

(Signed) CASIMIRO PRIETO. 

Before me 

JOSE XIMENEZ. 

Extract from the original declaration of the appearer on the day 
and date above written, and in presence of the above named wit- 
nesses. 

(Signed) JOSE XIMENEZ. 

(Copy.) 

"We, the undersigned merchants of this city of Vera Cruz, do 
certify that Don Jose Ximenez, bv whom the precedent certifica- 
tion is given, is a king's notary public of this city, and that all laith 
and credit is given and ought to be given to all his documents, as 
well official as not official; under which truth we give our oaths, and 
sign the present in Vera Cruz, the 30th day of June, 1817. 

(Signed) JULIAN DE CAR TAB LENA, 

DIECiO LOPEZ DE GOIESCHA, 
LUIS DE PALINIE. 



Extract of a letter from caphibi Charles Morris, to the Hon, B. W, 
Croriminshu-ld, Secretary of the A^avy^ dated 

United States^ frigate CongresSj off the Balize^ 

10th June, i8i7. 

'* As it respects marine operations, when Aury left Galveston with 
Mina, it was understood to be his intention not to return there, but to 
establish himself at the Santando, and all the public stores and other 
buildings were destroyed. The Santando having been found altogeth- 
er unfit for his purpose, he is returning to Galveston again. 

''A temporary government, with the admiralty judge. Sic, were 
left during his absence, to condemn prizes sent in by the privateers. 
It is stated that the decisions of the judge are dictated by the cap- 
tors, who will not, unless it appears to suit their convenience, even 
furnish him any papers on which to form an opinion, or ground his 
sentence. This is said to have occurred during the late absence of 
Aury; his return may have some good efiVct upon the proceedings 
there, but the general character of the population of the \Aace is such, 
thai I am told, even those persons concerned in the privateers, when 
they dispose of their goods there, are unwilling to takp, specie in pavr 



[12] 



35 



jnent, fearful of being plundered, but prefer bills, which can be more 
easily secured. Most of the goods carried there, are introduced in- 
to the United States, the more bulky and least valuable regularly 
through the custom house; the more valuable and the slaves are smug- 
gled in through the numerous inlets to the westward, where the peo- 
ple are but too much disposed to render them every possible assist- 
ance. 

" Several hundred slaves are now at Galveston, and persons have 
gone from New Orleans to purchase them; every exertion will be 
made to intercept them, but I have little hopes of success." 



lExtracts from a letter from Lieutenant Commaridant John Porter^ to 
the Hon. B. W. Croivninshieid, Secretary of theJ^avi/, datedy 

United Slates'' brig Boxer ^ off the BalizCy 

June 28thy 1817. 

" From cape Catouche to La Vera Cruz, the piratical boats are 
very numerous, and commit their depredations without respect to flag 
or nation. Should it meet your approbation, sir, it would afford me 
infinite pleasure to protect our commerce on that coast." 

*' ( shall leave this on Monday, to cruise off the Sabine river: it 
is reported that attempts will be made to smuggle slaves into Louisi- 
ana from Galveston, and the natural presumption is, they will attempt 
the Sabine or Atchafalya rivers; the depth of the water off those riv- 
ers are very inaccurately represented on the charts, and it will not be 
in my power to approach nearer the shore than within ten miles off the 
Sabine, and not nearer than thirty off the Atchafalya. Whatever can 
be done to prevent their being brought clandestinely into the coun- 
try, will have to be performed by the boats, which, sir, shall be active- 
ly employed the moment we arrive on the ground." 



Extract of a letter from Captain D. T. Patterson^ to the Hon, B. W. 
Croxvninnhield, Secretary of the JsTavyy dated, 

J\rezv Orleans, 28th July, 1817. 

" Captain Morris having advised the department of every cir- 
cumstance relating to the conduct of foreign armed vessels, and the 
various transactions of the belligerants in this quarter, 'till his depar- 
ture, I have only to add, that no information of moment, in relation 
to the latter hae been received; but have to report, that two Americar. 



36 [12] 

brigs have been robbed of specie to a considerable amount, in the 
bay of Campeachy, on their way from thence to this port, by a ves- 
sel under the Venezuelan flag. And the American brig Charles, 
bound from this port to La Vera Cruz, laden with flour, American 
property, was boarded on the IStli ulumo by the Mexican armed ves- 
sel called the Mexican Congress, and robbed of all her papers, and 
her mate detained on board. 

" These acts of force, committed on American vessels engaged 
in regular and lawful commerce, has greatly alarmed the merchants 
of this place, who have, in consequence, solicited convoy for vessels 
bound to Spanish ports." 



Extract of a letter Jrom John K'ernerj^ Esq. deputy collector of the 
port of JWtf York^ to captain Samuel Evans^ commandant^ navy 
yard, J^exv York, dated 

September Sf/i, 1817. 

*' A brig, said to be a Venezuelan cruiser, called the " America 
I'Vce," Farero commander, mounting three carriage guns, and man- 
ned with seventy-four men, and small arms in proportion, now lies 
at the quarantine ground. 

It is officially reported to the collector's oflice of this district, 
tliat a number of officers and men, landed from said brig at Staten 
Island, and in a fracas that took place yesterday, between thexn and 
the inhabitants on shore, they threatened to demolish or burn a house 
on said island." 



Extract of a letter from Captain John 11. Elton, to the Hon, B. W. 
Croxuninahield, Secretary of the J\"«t'J/, dated 

" United States'^ brig Saranac, Cumberland Sound, 

Septonber 26th, 1817. 

" The patriotism of Amelia island appears to be confined to pri- 
vateering and plundering. General Aury has the command," &c. 



[12] 



37 



Extracts from a letter from Captain JoJm If. Elton to the Hon. B, W, 
Crowninshield, Secretary of the JS'avy, dated 

" United States^ brig Saranac^ Cumberland Sound, 

" October 10, 1817. 

" I have detained afeIucha,orsmaU schooner, that sailed from Fer-* 
nandina, under a commission granted by general M'Gregor to one John 
Morrison, lor two reasons; first, as a pirate, for having raptured an En- 
glish schooner with regular papers, bound from Nassau to Burracon, cal- 
led the Brothers; the commission was granted to John Morrison, a citi- 
zen of the United States, and who, during the cruise, resided at St. 
Mary's, in Georgia, and the commission was made use of by one Ed- 
ward Fenner, who likewise captured a Spanish schooner; both are 
detained for investigation. They have been out some time, and have 
received provision from some English and American vessels, they 
say, gratis. The crew consisted of 18, and I suppose they could not 
carry provisions for ten days. On the 6th instant I detained the schoon- 
er Hornet, she was' commissioned by general M'Gregor 22d July last, 
John Smith commander. She cleared out from Philadelphia in tlu- 
giist as the Traveller-, she received her arms and men in the Delaware 
bay, near Lewistown. On the 6th or 7th September she, for the first 
time, assumed the name of the Hornet, went off Cuba, made two pri- 
zes, the crew mutinied, and in that state was coming in." 

" Until I get directions how to consider the island of Amelia, 
and the people bound to that place, it will be impossible to prevent 
either slaves or goods being smuggled." 

" As most of the patriots there are one day an American citizen 
and the next at Fernandina, tis easy for them and their agents to 
evade all the vigilance we are possessed of. One small Spanish ves- 
sel, a prize to a privateer, got into the port before we could board, 
with seventeen slaves. I v/ould have taken her out immediately, but 
I considered it neutral ground, and it was the wish of government not 
to infringe, — fearful of that error, our boats are generally sent out to 
board at sea." 



Extract of a letter from captain John H. Elton, to the Secretary of the 

navy, dated 

United States'* brig SaranaCy Cumberland Sound, 

October 19, 1817. 

" Day before yesterday I sent out to detain a Spanish slave vessel, 
prize to a Mexican privateer; the captain and owner came in to con- 
verse with me, and the officer neglecting to leave any persons in 
charge, the people from Fernandina went secretly off, and landed all 
the blacks on the outer part of the island." 



38 [12] 

Extract of a letter from captain John H. Elton^ to the Secretary of the 
J\\jvy, dated United States^ brig Saranuc, Cumberland Island^ JVo- 
vember 15, 1S17. 

SIR, 

On the 9th instant I sent a boat out to boaid a vessel from sea. 
The officer had not been informed to take charge of her, until I had 
thoroughly overhauled her, if she was a slave vessel. He was at 
Savnnnah when the instructions were issued. He returned, and re- 
ported it was a slave vessel, prize to the Brutus privateer. I de- 
spatched a boat to bring her in for examination. The officer, acting 
sailing master M'Cluny, met her coming in, and, as it was dangerous 
to lieave her to, remained on his oars, to drop alongside. They pre- 
tended to give him a rope — they did not, but passed him — he caught 
by a boat astern The pr"ze master threatened to fire on him, if he 
attempted to board; and, when musketry was fired under his stern, 
it was returned. The alarm was given by the boat. I unfortunately 
was on Cumberland Point, where only one gun was mounted, from 
which WL'. tired two shot to bring her to. The first lieutenant fired 
three from the biig. Two of the five struck her, but she succeeded 
in getting inf Fernandina. Although irritated at the insult, I did not 
conceive it correct to attempt force, to have her driven from neutral 
waters, but proceeded, as I thought, most correct; and the enclosed 
correspondence has passed between general Aury and myself. 'Tis 
true, shot was fired at her when close to Amelia, but the officer as- 
sures me she was on the northern part of the channel when he at- 
tempted to board. If half the depth of water is allowed us, she was 
on our side. 1 ha>'e informed you that the channel over the bar was 
on their side, or to the southward of a direct line drawn between the 
islands to the sea. I never have been instructed on that head, but I 
really think they hold the island by too precarious a tenor, to be yet 
so very tenacious of their rights. A verbal answer was returned, at 
first, to my application, that they would protect her. Not knowing 
how the United States wished to view these people, I did not think 
proper to attempt to destroy the establishment, but sent out lieuten- 
ant commandant E. R. M'Call, to bring back the privateer Jupiter, 
lo remain as a pledge, until I heard from government. It has excited 
considerable feeling, and no other privateers attempted to sail. The 
slave vessel was brought over last night, but every thing but slaves, 
and a small quantity of rice, was taken from her, and she appeared 
in a verv filthy state. The prize master was not sent, neither any of 
the prize crew. I have written for the former — whether he will be 
sent I cannot vouch. Yet, as retribution could so soon be had, if 
force was authorized, and wishing not to interrupt harmony, if it is 
wished by the United States, I have released the privateer Jupiter, 
and the High Flyer sailed immediately on a cruise. 

A prior correspondence took place, as regarded captain Farnham. 
It was represented to me that he was a citizen, and only went there 



[12] 



59 



to trade. It appears he had been in the service of the patriots for 
some time. The application was, of course, dropped. 

I shall send the slave vessel to Savannah for adjudication, and 
if the prize master is found, shall send him also. He is an old of- 
fender, by the name of Austin. 

The situation of Amelia, is, by no means, a quiet one. Those 
at present there, act very strangely. There has been a French par- 
ty and an English party — they have been in constant alarm of each. 
The French party is now trying as many of the English party as pos- 
sible, and strangely are making a Botany Bay of the United States, 
as you will perceive, by a proclamation enclosed you. So much dis- 
content prevails, that I should not be surprised to see them engaged 
in civil war. The slave vessels that have hitherto entered Fernan- 
dina, 1 have no doubt have smuggled all their slaves to the United 
States. Small boats are permitted to pass and repass; as they are 
rowed by slaves, tiiey can smuggle one or two at a time without de- 
tection. Another mode of smuggling is, that the law makes no pro- 
vision how to consider boats ot less than five tons. 1 sent one of 
that description to the collector. She was filled with provisions and 
naval stores, from Savannah to Amelia — she had no clearance — the 
law requires none; but from a passenger on board, 1 had no doubt, in 
my own mind, it was to fit out a former slave vessel, as a privateer. 
She was released by the collector. Am I to stop arms, ammunition, 
&c. bound from the United States to Fernandina, if not cleared as 
such? They term them boxes of merchandise, very frequently, and 
sometimes have more than they clear out. 



Captain John II. Elton to Commodore or General Jlury, 
United States brig Saranac^ 

Cumberland Island, JSTovernber od, 1817. 

SIR, 

Ihave just received a note from B. Farnham, mentioning his 
confinement at Fernandina, and requesting my interference, as he 
conceives his life in danger. As he is an American citizen, and si- 
tuated as Fernandina is, I am bound to make that request, and hope 
that his offence is not so great, but that he may be delivtred to an 
officer of this vessel, sent for that purpose. If he has willingly sub- 
scribed to any military law, or regulation, and has broken them, I 
shall not urge this request, but the life of a citizen being too valua- 
ble to be jeopardized, I shall write to the president of the United 
States on the subject, and expect, until his determination is known, 
that his life is not injured If he has not subscribed to any military 
law, it would be well to consider the right to try him, as no declaraj 



40 [12] 

lion of independence has been issued by you, or acknowledged by the 
United States. 1 am sorry to be obliged to trouble you, &c. 
I have the honor to be, sir, 

Your obedient hunable servant, 

(Signed) JOHN II. ELTON. 

General Aury, Fernandina. 



Captain John U, Elton to General Aunj. 

United States brig Saranac, 

Cumberland Sound, J\''ovembcr Oth, 1817. 
SIR, 

Last evening a schooner passed into Amelia, or Fernandina, 
that had been attempted to be boarded by a boat from the Saranac. 
She fired at the boat — whatever character she assumes, she must an- 
swer for the insult according to the laws of the United States. I 
cannot believe that yourself, or people of Fernandina, can give the 
least sanction to such proceedings. Under that belief, 1 have sent a 
boat to bring her over to American waters, provided no objection 
was started. If she is refused or protected, I shall consider that 
Fernandina has hoisted the flag of defiance, and act accordingly. 

Ihave the honor to be, sir, 

Your obedient humble servant. 

(Signed) JOHN H. ELTON. 

iieneral Jiury^ Fernandina, 



(IVanslation.) 

Qffour letters oj *^ury, to captain John H. Elton^ of the United 

States navy. 

Head quarters of Fernandina, Amelia island, ^th JSTovembery 1817, 
8th year, and the ist of Independence, 

SIR, 

I have received your letter yesterday, in favor of captain Far- 
bam, or Varnum, now a prisoner in this city, and arraigned before a 
council of war, for mutiny and sedition. 



[I2j 



41 



I am very sorry to inform you in reply, ti^at the case of thi« 
ibdividual is very different from what he has represented it to be. 
Mi". Varnum has been serving on board of South American pri* 
vateers for some time, and was actually employed in fitting out a 
privateer in this port, for which he has been refused a commission, 
in consequence of the irregularity of his former conduct. Moreover, 
the crime of which he is accused, tending to nothing less than the 
disturbance of social order, the right of our jurisdiction to judge /.id 
punish him, according to the laws of the United States, which we 
have adopted, cannot be at all questionable. 

Permit me, however, to assure you that nothing would have in- 
duced me to have entered into this explanation, but the esteem i en- 
tertain for yourself individually, and the reispect and interest which 
the citizens of the republic entertaiti for every thing that may have 
any relation to our neighbors and brethren of the United States. 

I am, with the greatest consideration. 

(Signed) AURY. 



Head quarters of Fernandina, Amelia Island^ 
9th J^^ovembery 1817, 8f/i j/^ar, and 1st of the Independence. 
SIR, 

Your letter ofthisdayhas been received. As its contents in- 
volve a matter of so much importance, 1 have given orders for a 
proper investigation into the conduct of the captain of the prize refer- 
red to. In the mean time, I can assure you, that if he shall be found 
guilty of any violation of the law of nations, he shall be severely pu- 
nished. As this government is desirous of maintaining the best har- 
mony and good understanding with yourself and all other officers 
at the United States, nothing will be left undone, on our part, to give 
u\[ suitable satisfaction. 

(Signed) AURY, 



lleadqunrtfrs of Fernandina, Jlmelia Island, 
lUh Xovember^ 1S17, Sth year, and ist of the Independence, 

SIR, 

Your letter of the tenth came to hand yesterday. This rising 
republic, of the Florida, just in its principles, feels disposed, at all 
lime«, to do whatever justic'? and its own dijinit)- demaiid- 
6 



45 L123 

As yet ilic result of the investigation, which I have ordered, and 
which I stated to \ou in my last, has not come to my knov/ledge. 
As soon, however, as it is known, 1 will communicate it to you. 

W ith respect to the reply 1 made to the officer sent by you, in 
the .first instance, I can assure you it was to this effect, viz: " 1 have 
to consult on the matter with other persons composing the council> 
and until I have heard their resolution, I cannot give you a verbal or 
written answer." 

God grant you many years, 

(Signed) AURY. 



Headquarters of Fernandma^ Amelia Inland^ 
12th JSl'Gvember, 1817, Sih t/eatf and ist of the Independence, 
SIR, 

As you have proceeded to impede the entry and departure from 
vessels to and from the port of Fernandina, in consequence of hav- 
ing failed in your attempt to board, with your boats, the schooner 
" 'J'entativa," a prize to the Brutus, a privateer of the Mexican re- 
public, being within the limits of our waters, at the distance of one 
hundred and fifty feet from the coast of this island; in order to obvi- 
atl difficulties, for the present, I have determined to place at your 
disposal the aforesaid vessel, hoping that the United States of Ame- 
rica will administer to us that justice which appertains to a great and 
liberal nation. 

God grant you niany years, 
(Signed) AURY. 



Extract of a letter from Thomas JVayncy esqxiire, purser en board tlie 
United States^ brig Saranac^ dated St. Mary^s nvery September 
27, 1817, to Benjaviin Homans, 

" On our arrival here, we found general M'Gregor in command 
of Amelia Island. A few days afterwards he decamped, and embark- 
ed on board the privateer McGregor, formerly the St. Joseph. Ihe 
command of the island devolved on colonel irvin, an American, who 
was, m a few days, attacked by the Spaniards. After an engagement 
of forty-eight hours, which was all smoke: it ternunated without the 
loss of a single life, and the Spaniards retreated., 

*' The noted AVoodl)ine,',of infamous memory, arrived here from 
Nassau, with a view, as was said, to join the patriots; but his friend, 
M'Gregor, having left the cause, he was ^disappointed, and embark* 



ri2]: 



43 



ed with M'Gregor, who sailed a few days since for Nasjrau, to com- 
mence some new expedition, which, it is generally suppt^sed. will be 
to the Bay of Espirito Santo, or Bay of Tampo, in latitude 28° 15' 
N. and longtitude, 76° 30' W. This is an extensive Bay, and capa* 
ble of admitting ships of any size, contiguous to which are the finest 
lands in East Florida, which >yoodbine pretends belong to him, by 
virtue ol a grant from the Indians. lie says he has surveyed the 
whole of the Gulf of Mexico, and Tampo Bay is the only place into 
which large ships can enter. 

" The patriots of Amelia are a most heterogenous set, consist- 
ing of all countries and languages, except Spanish Americans. 
Amongst them may be found Americans, French, Irish, Scotch, 
English, Dutch, Germans, llaytians, Petions, 8ic. all come ostensi- 
bly to aid the cause of the patriots of South America; but their reat 
motive is, no doubt, to prey upon whom they can. Should they 
continue in Amelia Island, the place will become a second Barrataria. 

"At this time the government consists of Monsr. Aury, \«ho is 
commander in chief of the naval and military forces; and Uuggles' 
Hubbard, formerly high sheriff of New York, is the civil governor. 

" A number of prizes, of considerable value, have been brought 
into Amelia, by Aury's squadron. 

*' It appears to l>e the anxious wish of the inhabitants, of the op* 
posite side of the river, to be under the American government, as 
they are not now secure from either party." 



J. fir. Vilkret to captain John 11. Elkton, respecting the schooner 
American Libre. 

Feniandina, the ith ofXovember^ 1817. 

John J2» Elton^ Esquire^ Commander of the United States brig Saranack. 

SIR, 

My having been very sick has prevented me of the honor of 
seeing you. You will probably see in the Charleston papers an ad- 
vertisement* of mine, stating that captain Bernard Ferrero had run 
away with the schooner America Libre; now, 1 have received this 
day a letter of the said captain Bernard, in which he explains to me 
the motive of his sailing, mistaking or misunderstanding one of my 
orders, which has put me under the necessity to send an express this 
morning to Charleston to contradict the first advertisement, begging" 
the collectors and navy officers of the United States not to detain 
the said Bernard, as I had requested by my first advertisement. I 

♦ This advertisement has not been officially communicated to the Department of 
State, but it was published in the public journals, and it is recollected that it contained 
a declaration that the person therein named, captain Bernard Ferr^rD, had no cqmmi^T 
sion as comman(Jer <?f the schooner America Libre;. 



44 tl22 

therefore hep vou, sir, sHoukl the said captain Bernard appear off 
this port with the said sch H)iit:r Anu'rica Li Me, or any prize of her, 
not to m /lest them, arid allow » htm to enter freely here: as I have 
charged Dr. Gual with all the business of Venezuela, he will give 
you any other information, should any difFicultv occur with respect 
to captain Bernard, or the prizes he mav send him, which I hope 
will not be the case, trusting, that after this application of mine, to 
you, you will let them freely enter this port. 

I have the honor to remain, sir. 

Your humble and most obedient servant. 
A. G. VILLERET. 



CTranslation.) 

d register of the proceedings at Galveston, Jpril 15///, 1817. 

The undersigned persons having appeared for the purpose oftakt 
ing the n'^cessarv oath of fidelity to the IMexica.i republic, now in 
the possession of those who represent that nation in this quarter, 
which act having been executed with all the solemnity due to the oc- 
casion, appeared. 

1. The citizen Louis Derieux, commandant, who took the said 
oath in the presence of the citizen Louis Itourribarria, after which 
the other authorities were severally sworn before the said comman- 
dant in regular form; and to establish its autheniicit)', it has been 
signed by all those who were present; and the said document, shall 
be kept in the office of said port or place, with the signatures, as 
well as that of the representative, so that its validity may, at all times 
be established. And not being able, from existing circumstances, to 
obtain a seal of state, its place will be supplied by a common one, un» 
tij an official one can be procured. 

(Signed) LOUIS ITOURBIBARRIA, 

LOUIS DERIEUX, 
A. PIRONNEAU, Junr. 
J. DUCOlN(i, 
ROUSSELIN, 
R. ESPAGNOL, 
LAFON JENTERIM. 



Bay of Galveston, ,fJpril 20th, iSir. 

The eommanders of the independent Mexican vessels of war, 
gssenibled on board the schooner Jupiter, for the purpose of nomi- 
Ijatifig, with the requisite formalities required by the authority, 
which in the name of the Mexican government, legitimately supl 
ports %hi^ oation, particularly in the existing war, carrying on against 



tisj 



4% 



the Rovalists of Spam, in consequence of which, they hsvc 'prooceded 
to pronounce an opinion on the following articles: 

The undersigned captains and owners of vessels, now in this 
port, having met according to public notice, have taken into conside* 
ration the proceedings of the 17th of this month, under which they 
named the citizen colonel Louis Derieux, military commandant, 
the citizen captain A. Peronnean, junr. as adjutant commandant, 
the citizen, J, Ducoing, as judge of the admiralty, the citizen Rous- 
selin, as administrator of the revenue, and the citizen R. Espagnol, 
as secretary of the public treasury; all of whom, have been recogniz- 
ed by the provisional assembly; and at the same time, the citizen 
Jean Jannet, was appointed marine commandant of the said place, 
with all the necessary powers. 

And after due deliberation, all the members of this assembly 
unan'mously resolved, that the duties which shall accrue from the 
prizes already arrived, or may hereafter arrive at the port of Galves- 
ton, after condemnation being pronounced, shall be disposed of as 
follows; 

1st The treasurer shall pay on demand, (bisto bueno) on the 
order of the government of the place, every expense which may be 
necessary for the port or harbor of Galveston, for the support of the 
officers employed, and for munitions of war and other expenses fixed 
according to the claims and obligations of the several officers. 

2dly. That when the expenses of one month are ascertained, 
those of the month following may be anticipated out of the funds in 
hand. 

Sdly. That the surplus will be applied towards the payment of 
the debts of the government contracted prior to the 15th of April, 
1817, upon the express condition, however, that no one, who is 
not actually employed at the said port, shall enjoy the advantage of 
that arrangement, and that the old debts will be paid only to those 
who are actually employed at the port of Galveston. 

4thly. That the salaries of the officers and others employed, will 
be regulated by a special council, and that the whole will be entered 
in the register of the deliberations. 

The whole has been signed in the presence of the secretary pro- 
tempore, Lafon. 

L. Derieux, A. Peronneau, jun. John Ducoing, Rousselin, Jean 
Jannet, Richard Espagnol, Parisi, John Quere, Dutrieu, Denis Tho» 
mas, Faiquiere, Joseph Place, Renaud,B. Lavard, Savary, Marcelin, 
Gilop. 



Passport from Don Radmond Gil, lieutenant in the royal navy^ to J\Ir, 
Casvnir Prieto, captain of the brig Chcrles. 

I, Don Redmond Gil, lieutenant of a frigate, having rank in the 
royal navy, captain of this port, charged with the branch of the nayal 



46 [12] 

engineers, and the supcrlntendance of the merchant vessels in this 
province, niember of the board of health of this place, on behalf of 
his majesty, and temporary commandant of the marine register of 
this province, &c. &c. 

Hereby certify, that Mr. Casimir Prieto, captain, pilot, and sail- 
ing master ot the brig Charles, belonging to the United States of 
America, arrived in this port on the twenty-first day of the present 
month, from New Orleans, with a cargo of goods: that he declared 
and certified, that the Mexican privateer " Congresso Mexicaro" 
opened his register and all his papers, and took away his sailing 
orders, and other documents, and carried off his mate. And to the 
end, that the said captain Prieto may make known to all whom it may 
concern, the proceeding of the said privateer, and be enabled to re- 
turn with his vessel, to the port of his destination, I have granted 
him the present at Vera Cruz, this first day of July, 1817. 

(Signed) RAMON GIL, 

[Gratis.] 



J^ota, Free to pass, by permission of the government'. 
^(? Tli. Federko Melas, 

(Translation.) 

I certify, that I visited the brig " Charles," ^under American 
colors, from New Orleans, and allowed her to proceed, after exam- 
ining her papers. 

At sea, the 13th June, 1817. 

(Signed) L'ANGE, 

Conifnander of the privateer ^'' L^Jimiable JUmee/ 



107 89 



LRBFe'iS 




•/ \'^-^\/ %'^^-/ \-^-^*/ 








A 







HECKMAN 

BINDERY INC. 



=^ NOV 89 

M MaNrHFf;TFR 



